Fourth Amendment to the Selling and Services Agreement and Fund Participation Agreement
Exhibit 24(b)(8.155)
Fourth Amendment to the Selling and Services Agreement and
This Fourth Amendment dated as of April 10, 2017 by and between Voya Retirement Insurance and Annuity Company (formerly, ING Life Insurance and Annuity Company) (“Voya Retirement”), Voya Institutional Plan Services, LLC (formerly, ING Institutional Plan Services, LLC) (“Voya Institutional”), Voya Financial Partners, LLC (formerly, ING Financial Advisers, LLC) (“Voya Financial”) (collectively “Voya”), Xxxxxxxxx Investment Management, Inc. (“Adviser”) and Xxxxxxxxx Securities Corporation (“Distributor”) (together the “Fund Parties”), acting as agent for the registered open-end management investment companies listed in Schedule B whose shares are or may be underwritten by Distributor (each a “Fund” or collectively the “Funds”), is made to the Selling and Services Agreement and Fund Participation Agreement dated as of March 12, 2008 (the “Agreement”), as amended on December 15, 2009, May 1, 2012 and August 12, 2014. Terms defined in the Agreement are used herein as therein defined.
WHEREAS, the parties hereto have entered into that certain Selling and Services Agreement and Fund Participation Agreement, dated as of March 12, 2008, as previously amended (the “Agreement”); and
WHEREAS, the parties desire to amend further the Agreement as described herein.
NOW, THEREFORE, in consideration of the preambles and the agreements contained herein, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows:
Amendment
1. The Agreement is amended to change the name of ING Life Insurance and Annuity Company to Voya Retirement Insurance and Annuity Company and references to such entity as “ING Life” to “Voya Retirement” and to change the name of ING Institutional Plan Services, LLC to Voya Institutional Plan Services, LLC and references to such entity as “ING Institutional” to “Voya Institutional” and to change the name of ING Financial Advisers, LLC to Voya Financial Partners, LLC and references to such entity as “ING Financial” to “Voya Financial”.
2. The last sentence of Section 5, “Servicing Fees,” previously added by the Third Amendment to the Selling and Services Agreement and Fund Participation Agreement dated August 12, 2014, is revised to read as follows:
“The parties recognize and agree that the fees identified under the column entitled “Service Fees” in Schedule B are for shareholder and administrative services provided by ING, and are not for advisory or distribution services.”
3. Schedule B to the Agreement is replaced in its entirety with the attached Second Revised Schedule B.
IN WITNESS WHEREOF, the parties have executed this Amendment to the Agreement as of the date and year set forth above.
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Voya Retirement Insurance and Annuity Company |
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Xxxxxxxxx Investment Management, Inc. |
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By: /s/Xxxx Xxxxxxx |
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By: /s/Xxxxx Xxxxxxxx |
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Name: Xxxx Xxxxxxx |
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Name: Xxxxx Xxxxxxxx |
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Title: Vice President |
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Title: Managing Director/VP |
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Voya Institutional Plan Services, LLC |
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Xxxxxxxxx Securities Corporation |
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By: /s/Xxxx Xxxxxxx |
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By: /s/Xxxxx Xxxxxx |
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Name: Xxxx Xxxxxxx |
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Name: Xxxxx Xxxxxx |
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Title: Vice President |
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Title: Vice President |
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Voya Financial Partners, LLC |
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By: /s/Xxxx Xxxxxxx |
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Name: Xxxx Xxxxxxx |
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Title: Vice President |
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SECOND REVISED SCHEDULE B
Servicing and 12b-1 Fees
Adviser will pay Voya an annual servicing fee equal to the percentage indicated below in the column entitled “Service Fee” for each Fund times the average daily Net Asset Value of shares of the Fund invested through the Contracts or through Voya’s arrangements with Plans. Distributor will pay or cause to be paid an annual 12b-1 fee equal to the percentage indicated below in the column entitled “12b-1 Fee” for each Fund times the average daily Net Asset Value of shares of the Fund invested through the Contracts or through Voya’s arrangements with Plans. Such fees will be paid quarterly.
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Fund |
Share Class |
Service Fee |
12b-1 Fee |
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All Xxxxxxxxx Funds (equity) |
Class R3 |
x.xx% (xx bps) |
x.xx% (xx bps) |
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All Xxxxxxxxx Funds (fixed income) |
Class R3 |
x.xx% (x bps) |
x.xx% (xx bps) |
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All Xxxxxxxxx Funds (equity) |
Class R4 |
x.xx% (xx bps) |
x.xx% (xx bps) |
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All Xxxxxxxxx Funds (fixed income) |
Class R4 |
x.xx% (xx bps) |
x.xx% (xx bps) |
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All Xxxxxxxxx Funds (equity) |
Class R5 |
x.xx% (xx bps) |
x.xx% (x bps) |
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All Xxxxxxxxx Funds (fixed income) |
Class R5 |
x.xx% (xx bps) |
x.xx% (x bps) |
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All Xxxxxxxxx Funds (equity) |
Class R6 |
x.xx% (x bps) |
x.xx% (x bps) |
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All Xxxxxxxxx Funds (fixed income) |
Class R6 |
x.xx% (x bps) |
x.xx% (x bps) |
